SOMAPPA BALAPPA NANDI Vs. MALLAPPA

JUDGEMENT

(1.) This is an appeal of the claimant against the award and judgment passed by the MACT, Gokak in MVC No.2500/2016 dtd. 12/12/2017 seeking enhancement of compensation.

(2.) We refer the parties as per their ranks before the trial Court.

(3.) The case of the petitioner before the Trial Court was that, on 1/6/2016, at about 3 p.m. he was returning from Gokak to his village Chikkanandi on Gokak-Yaragatti road on his motorcycle bearing No.KA47/E-1361, he met with accident at Savalyal Pol due to rash and negligent riding of the motorcycle bearing No.KA-49/S-6995 by its rider, due to which petitioner had sustained fracture of left tibia and fibula. He was admitted to hospital of Dr.M.G.Umbrani at Gokak. He underwent surgery and his left leg below the knee joint was amputated. Petitioner had further contended that at the time of accident, he was aged 45 years; he was an agriculturist and also doing agricultural coolie work, he was earning Rs.2,00,000.00 per annum from agriculture and Rs.12,000.00 per month by working as an agricultural coolie. He has further stated that he has spent Rs.1,50,000.00 towards medical expenses and he requires Rs.5,00,000.00 for his future medical expenses. Due to amputation to left leg, he became permanently disabled and unable to do any work. With these reasons, he prayed to award compensation of Rs.30,00,000.00.